I just received a PCN dated 05/07/21 (received today 06/07/21) with the contravention dated 05/04/21 - Islington Council - and it seems “By law the PCN must be issued within 28 days of when the traffic warden saw the parking rule was broken or it was caught on camera”.
I also read that the council had six months to issue the notice somewhere else. Anyone with advice? I’m thinking of appealing the PCN and wonder if anyone has been through this and has some advice on how to proceed. Many thanks in advance.
I thought there was a time limit too.
I think you have to try to appeal to the Council initially, and then go to a tribunal if that fails.
Would you have been liable? Do you recall it?
We had to appeal to the council over a PCN for turning right into a no-entry road we’ve never even been near - they had ‘our’ number plate on camera but we realised it wasn’t ours and I’m pretty sure a screw fixing the plate was in the middle of a letter simulating another one.
Thank you AC. My main point is that it took them 3 months to serve the notice and Islington council is making millions on exploring drivers with new restriction popping up every single day throughout the council with their excuse of cutting down pollution while forcing cars into main roads thus causing more traffic jam and even more pollution.
I fell victim of one of those restrictions, not for the first time, but this time I refuse to pay as the timing of the notice Is beyond the legal one. So I’m trying to determine if I have legal basis on which to challenge the notice.
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I have no legal background so this is just my informal understanding.
I think they have 28 days unless they have been delayed by the DVLA, in which case they have 6 months.
Good point.
Yes, especially given disruptions at the DVLA in recent months.
I think PCNs are issued by the council using data provided by the DVLA to identify the vehicle owner only.
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Finally resolved and got a reply 5 months after the penalty was issued.
“Acceptance of Representations:
Thank you for your letter regarding the above Penalty Charge Notice (PCN) which was recently received at this office.
We have good news for you as we will not be enforcing this PCN and the requirement to pay the penalty charge. As you have rightly identified, we failed to issue the PCN within the 28-day statutory limit. This means that the PCN is not enforceable and so we have cancelled it. The reason why the PCN was issued was however correct.”
Result!
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Congratulations!
It reminds me of one of the benefits of living where I do! We have limitations arising from our location, such as cost and time getting to a hifi dealer, but I am pleased to say no PCNs, no greedy councils, and only one traffic camera (on a traffic light). We do have traffic wardens for parking offences, and police can and occasionally do use mobile speed guns (but there are plenty of places where people can get their speed fix quite legally, there being no national speed limit).
I am coming to dread any time I have to travel into a UK city, which by nature of evolving traffic laws are all unfamiliar, so I have no idea how a driver is expected to know what local restrictions they need to comply with…
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Thank you, IB. I live in the fourth most exploitative council in the country. I will not let them get away with it if I can.
Same here, sounds like welcome to Germany! Sensible traffic regulations, enforced parking but wardens check for correct parking, not looking to scam you as there are no parking charges where i live. Traffic lights turned off when not needed, like the weekend, they also go green when driving toward them, not like you UK where they hold you on red for 4 minutes for no reason whatsoever, oh maybe only to cause more pollution. On the way to work I got through several zones > 30k 50k 70k 130k then no limit to the edge of town. The UK war against the road user drives me nuts.
Sorry if a bit off topic!!!
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I think there is a time limit unless it is a company car or hire car
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I parked in Cambridge this year, opposite the Botanical Gardens if you know Cambridge. Paid for my ticket and as it was nearest, put the ticket in the rear window. Came back before the ticket expired to a PCN stuck on the window for not displaying a valid ticket. The ticket had ‘DISPLAY IN WINDSCREEN’ written on it. When the letter came, I asked for photographic evidence. They had six pictures of the front windscreen, none of the rear windscreen, where the valid ticked was having a lovely day out. I wrote to the council, refused to pay and told them that when I went to court to defend myself I would take the manual for my car which uses the term front windscreen and rear windscreen, their ticket did not specify the front. I included the valid ticket, which I scanned.
I was upset that they conceeded so easily, a letter just said thank you for supplying a valid ticket, PCN cancelled.
Cambridge Council absolutely hate cars. They will do all in their power to banish them from the city.
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Why did you put it on the back?
I must have missed something or your question was directed at someone else perhaps.
I think he’s asking @billywindsock why he put the permit on the back windscreen (which does seem a novel place to put it), but maybe you hadn’t read that post which was immediately before his.
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Yes, I did miss that post. Thanks David.
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